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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To tell clients to just leave

385 replies

selfemployedwwyd · 05/05/2023 22:43

I"m self employed with clients who pay monthly. I work 12 months of the year and take 4 weeks a year holiday which are unpaid - this is all explained upfront.

This year I've had an unprecedented number of clients who've informed me that they're not prepared to pay for my services over the summer as they're 'going on fancy holidays' and won't get the use of my services.

But they want me to take them back on in September once the summer holidays are over and the children are back in school.

AIBU to tell them they're free to go in June but I won't be giving them their space back in September?

I simply cannot afford to not be paid for 2 months. When I go on holiday (unpaid and only UK) I still pay all of my monthly bills (swimming, nursery etc)

I realise the cost of living affects even the wealthy, but it's the wealthiest clients who are doing this to me! For context, last year I earned £15k if that matters. I can't afford to take my children abroad (not that that's their fault I might add, but it does irk!)

AIBU to feel really pissed off and a little bit used/undervalued?

OP posts:
Mumtum3 · 10/05/2023 11:57

Btw I think Sept is the best time to up your rates annually as it’s the start of the academic year and will mean those that quit for the summer hols will have a new contract each Sept so you don’t need any awkward conversation with them about them underpaying you. It’ll also give anyone potentially flaky the opportunity to consider if they really want to cough up the cash for the next however many months long their contract is.

silverbubbles · 10/05/2023 11:58

Ok client - Give me a call in sept and and if the slot is still available then you can have it back. It is likely however that someone else will have taken the slot as I have waiting list of clients. Happy holidays.

SmileyClare · 10/05/2023 12:12

I'm sure these people that say they "don't want to pay for your services while they're not using them" still pay for their other costs like Sky TV, etc, while they're on holiday and not using them. They're trying it on with you because you're a sole trader that they see as a soft touch

Don’t agree!
I don’t think clients are “cheeky fuckers” to
give op notice that they don’t want to use or pay for her services for a few weeks over the summer.

A tutor is selling a service on a self employed basis. It’s not comparable with a Sky Tv subscription or household bill.

I’d say it was more on a par with a cleaner, a gardener or handyman who you are paying for the service they provide.

The self employed person does not have the same rights as an employee.

I actually think op’s taking this all far too personally; saying she feels “used”. Confused

Yes customers are using you when they need you ( if you are available) it’s just business. They don’t owe you a salary.

Nikkidannih · 10/05/2023 12:27

Absolutely not being unreasonable. I’m assuming you are a childminder from
what you have said and this is standard practice at all childcare setting. We have this issue because my husband is a teacher and don’t need the school holidays- we still have to pay for them! If you are feeling generous you could charge them a retainer fee instead of full
fees, but you are well within your rights to cancel their contract and take ok new
clients. Childminders are loke
gold dust so it’s their mistake. I’d explain to them that you simply can’t afford not to earn for a month and that all childcare settings have simolar
policies so it leaves you no choice. Good luck 🤞

knobheeeed · 10/05/2023 12:32

Why are people still "assuming" the OP is a childminder or a nanny when it has been said several times, including by the OP herself, that she is a tutor?
At least read the OP's posts if you can't be bothered to read the whole thread - or maybe twig on to the fact that it is tutoring because the majority of posters are talking about tutoring, therefore we can assume that at some point the OP has confirmed it is tutoring.

Ellie1015 · 10/05/2023 12:44

My child goes to a tutor. We pay 4 blocks and nothing over school hols this must be built into the price.

We can request to reschedule if 3 days notice and tutor will try and reschedule, if they cant fit us in then we lose the time (usually they do accomdate though). If we can't attend due to any last min reason then we lose the time and is still paid.

Just mentioning as you are def not unreasonable to rethink your policies.

For this person let them leave and fill the space. I would tell them you are not holding the space.

SmileyClare · 10/05/2023 12:44

I don’t know of any private tutors that tie in clients to a contract stipulating they pay for a 12 month subscription- with a set fee owed whether the service is used or not?

It’s an usual business model and it sounds as though it’s not clearly set out or legally enforceable without a water tight contract.

That goes for tutors, driving instructors private music teachers etc. Services are paid for when required?

The language used here indicates a chip on your shoulder about wealthy clients..”I feel under appreciated, used, I’m highly regarded, they’re swanning off on fancy holidays..I feel irked.. I can’t afford a holiday” etc.

Ellie1015 · 10/05/2023 12:56

@SmileyClare they can leave if giving 4 weeks notice. This client wants to leave then return after summer. This client seems to assume space will be available when they return. I would expect to loose space and hope to get it back when i return but understand i may not. And it would be at new customer rates rather than the lower rates existing customers currently benefit from due to no rises.

SmileyClare · 10/05/2023 13:05

Ellie1015 · 10/05/2023 12:56

@SmileyClare they can leave if giving 4 weeks notice. This client wants to leave then return after summer. This client seems to assume space will be available when they return. I would expect to loose space and hope to get it back when i return but understand i may not. And it would be at new customer rates rather than the lower rates existing customers currently benefit from due to no rises.

I see your point, and customers are within their rights to do so.
It makes perfect sense really. I don’t think a private tutor can assume they’re owed anything when their services are not required?

Of course op can pick and choose who she tutors and when- that’s the bonus of being self employed!

It just sounds like you’re taking this way too personally op. It’s business that’s all and it’s how private tutoring rolls;

They are not obligated to use your services for any set period- on the flip side you are not obligated to continue tutoring their child.

You could perhaps offer a discount for a “block booking” of say 6 months lessons which is non refundable if you wish to follow that business model?

Kennykenkencat · 10/05/2023 13:09

Nothing wrong in that they gave you 4 weeks notice

I would then put it in writing to them that they were terminating your contract.

I wouldn’t tell them that they might or might not get their slot back in September because if you are able to give them the slot after making the threat that their slot wasn’t guaranteed it makes you look like you are weak or worse not good enough to be in that much demand.

I would offer your weekly sessions from September - July then fortnightly in the holidays. It must impact on your own children if during the holidays you can’t go out for the day because you have to get back for tutoring sessions each week day.
Stick to pre arranged dates so you give yourself some free time
Could you pick up any weekend work on Saturday or Sundays. Your dc, if childcare isn’t available, could you find an ECA for them that runs for a few hours. Mine used to go to a local theatre school that ran for 3 hours on a Saturday and 3 hours for gymnastics on a Sunday.

I would make sure that everyone, come September, was under the same contract with their set dates and terms and conditions
Is there any Facebook group or forum for tutors that could help you with the T&Cs

Ultimately there are a few CFs who will twist and turn things to suit themselves and you have to get your T&Cs as iron clad as you can and keep adding to them when you come across a client who finds a loophole.

4 weeks notice to terminate the contract is in the T&Cs

The space being available for them when they return in September isn’t.

Stick to the terms and conditions.

Sage71 · 10/05/2023 13:19

Contract covers you, I would put in writing so you are covered along the lines of

Thank you for advising you will no longer be requiring my services as per contract your 4 weeks notice means DC last session will be on xx/xx/xxxx. If you wish to resume sessions at a future date I will be happy to re-contract space permitting. Wishing DC much success in the future.

Polite and professional but very clear. Then look for other students. Once they realise they cannot just pick you up and drop you as and when they will have to prioritise.

Bluecirclesquare · 10/05/2023 13:21

I would advise caution, as PP have said, before telling them to leave. In the event that you don't get other students to fill the gap you might need them back as clients come September.

Be polite and explain you'll do your best to keep their place open for September, but you can't guarantee it because you may be booked with other students. That's just stating the case. I wouldn't flounce about it, you don't know how things might pan out.

SmileyClare · 10/05/2023 13:29

I think the last few posts give excellent advice.

What you’re essentially describing is clients paying you a retainer over the summer to secure your services in the next academic term.
Some clients may be willing to pay that and some won’t.

You can be frank about the retainer in a professional way. You cannot expect it.
Perhaps face the fact that some clients don’t regard you as highly valuable as you might assume 😕

Theres no need for resentment, try to view this in a detached way. Your client’s wealth or how they prioritise their finances isn’t up for judgement.

Changes17 · 10/05/2023 13:30

What about upping your monthly rate for those who want to have September to June only? Make it available as an option in your contract, but it costs more throughout the year?

MsProbably · 10/05/2023 13:35

Just raise your prices to them significantly in September and class them as 'new joiners' on a brand new rate

HurryShadow · 10/05/2023 13:36

SmileyClare · 10/05/2023 12:12

I'm sure these people that say they "don't want to pay for your services while they're not using them" still pay for their other costs like Sky TV, etc, while they're on holiday and not using them. They're trying it on with you because you're a sole trader that they see as a soft touch

Don’t agree!
I don’t think clients are “cheeky fuckers” to
give op notice that they don’t want to use or pay for her services for a few weeks over the summer.

A tutor is selling a service on a self employed basis. It’s not comparable with a Sky Tv subscription or household bill.

I’d say it was more on a par with a cleaner, a gardener or handyman who you are paying for the service they provide.

The self employed person does not have the same rights as an employee.

I actually think op’s taking this all far too personally; saying she feels “used”. Confused

Yes customers are using you when they need you ( if you are available) it’s just business. They don’t owe you a salary.

But if the OP's contract states they are providing a service at £30 per week for 48 weeks a year, it DOES make it comparable to a Sky contract.

Her contract doesn't say "only pay me when you use me".

BetterFuture1985 · 10/05/2023 13:36

@selfemployedwwyd I wouldn't let yourself get upset about it. Think about it with a hard headed business mindset. These people are negotiating with you and you have the right to say no. Your willingness to say no will depend on the industry norms and the ease with which you can pick up new clients (the fact they want to hold their places looks promising).

Also, if you decide based on industry norms that you must cave to their demands then you may be able to increase your fees for the other 10 months maybe?

Whichnumbers · 10/05/2023 13:37

'Don't worry, we will give you a call in September when we need you back'

If I still have your space, you'll be welcome to it, I let you know at the time.

But you'll prices will have increased to them..... which will cover the 2 months break over the future 10 months

Thats if you have a space, you may have filled their slot and not be able to accommodate them any further and will let them know if a slot comes available in the future

Tiredmama53 · 10/05/2023 13:50

I would just say that taking them on in September will be reliant on your availability and let them know that you won't be holding a space for them. So if you have space in September then they can come back because you'll want to fill up your gaps but if you find someone else tough luck for them

Gillbil · 10/05/2023 14:03

Be as professional as possible but basically tell em to go do one.

Your completely reasonable and right.
Say thank you for the notice unfortunately I can't save your place but you are more than welcome to reapply next year, unfortunately prices will be going up for August for new users, but all currently members will have a price promise to be kept the same for the next 12 month. Have a lovely holiday

Do a netflix! Everything is going up u should too

Catspyjamas17 · 10/05/2023 14:03

HurryShadow · 10/05/2023 13:36

But if the OP's contract states they are providing a service at £30 per week for 48 weeks a year, it DOES make it comparable to a Sky contract.

Her contract doesn't say "only pay me when you use me".

You can pause/cancel most contracts then start them again though. And Sky wouldn't say "Well, we might have space for you in September but we'll have to let you know."

Most tutors are term time only and offer summer schools etc in summer as an extra.

The only service I know of where there is some arrangement about payment over holidays when you are not using them is a childminder, or a nanny where you are actually their employer. Even with a childminder the parent would be allowed to end the contract with the appropriate notice but then they would have to take a chance about availability in September.

BetterFuture1985 · 10/05/2023 14:05

Reading the thread gave me a thought. Could you guarantee a price only for those who stay on your books for the next 2 months and say people starting in September will need to pay the new price?

Users37 · 10/05/2023 14:05

I'd love to be in your position, OP. I teach English online. Have a good degree, a good qualification in teaching English and years of experience. Teaching English as a foreign language is extremely badly paid. I charge far less than you do and some people still complain that I'm too expensive. I include (on every invoice) the fairly standard term that a lesson can be cancelled by the student if they give 24 hours' notice. Students often cancel - including every time they go on holiday, of course. On the occasions when they don't bother to cancel and just don't turn up for the lesson, they are sometimes extremely aggrieved if I charge them for the missed lesson. I've lost students over that. I also often get contacted by random students wanting me to give them a free "trial lesson". It's obvious that many of these people just do the rounds of online teachers, and never pay anyone.
But seriously - for lots of people, paying for a lesson they don't receive is something they really, really resent. And in my experience the richer students are often those who resent it most.

MegaManic · 10/05/2023 14:11

I think you are unreasonable to feel pissed off. Obviously you feel what you feel but ultimately you are providing a service with certain terms and they are abiding by those terms by giving you notice. Of course you can't guarantee they can have the same slots (or any) at the same price when they get back and they are unreasonable to expect that.
I use a tutor but during the summer she doesn't work normal hours so works certain days and if we can find slots that work for both of us we do them, if not we don't. If she had the same terms as you then I probably would cancel for the summer holidays and take my chances on getting new slots in September. I think she is really good and it's not that I don't value her but I wouldn't be willing to pay for a service I don't use. Having said that my kids are in primary so maybe of they were in secondary and I really depended on the tutor it might be different.

SmileyClare · 10/05/2023 14:14

HurryShadow · 10/05/2023 13:36

But if the OP's contract states they are providing a service at £30 per week for 48 weeks a year, it DOES make it comparable to a Sky contract.

Her contract doesn't say "only pay me when you use me".

If we’re comparing this to a Sky contract then op needs to have every legality covered before asking clients to sign up for a year.

With any service provider (e.g Sky ) there has to be a set “cooling off” period where the contract can be ended without money owing, the customer is also entitled to terminate a contract at anytime after that period where (in the case of Sky) a financial penalty is applied. No one is handcuffed!

As it stands, op’s clients are not in breach of contract to stop using op’s services, they are following the obligation to give 4 weeks notice of their intention.

They may or may not be able to secure op’s services in the future.That’s the penalty in ending their agreement.
Seems unprofessional for op to get huffy about that and threaten to refuse to let them return if she has space?

Dh and I are both self employed (not tutors!) but I don’t think op can offer private tutoring with all these caveats. What a minefield.

It’s fantastic money (around 18k for 6-8 hours teaching a week?) compared to her previous salary as a teacher!

I’d advise acknowledging the small pitfalls in private tutoring- income can fluctuate over the acedemic year and there’s less work in the summer holidays.

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